Where appearing in this act [31-4-1 to 31-4-30 NMSA 1978], the term "governor" includes any person performing the functions of governor by authority of the law of this state. The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state. The term "state", referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America. The term "prosecuting attorney" includes the various district attorneys of this state and their duly appointed, qualified and acting assistants, the attorney general and his duly appointed, qualified and acting assistants.
History: Laws 1937, ch. 65, § 1; 1941 Comp., § 42-1901; 1953 Comp., § 41-19-1.
Uniform Criminal Extradition Act is constitutional. Ex parte Dalton, 1952-NMSC-049, 56 N.M. 407, 244 P.2d 790.
Extradition not required. — The state was not required to extradite defendant from Arizona so as to prevent his classification as a fugitive under 31-21-15 NMSA 1978 and the consequent revocation of probation. State v. McDonald, 1991-NMCA-132, 113 N.M. 305, 825 P.2d 238, cert. denied, 113 N.M. 44, 822 P.2d 1127 (1992).
Law reviews. — For comment, "Tribal Control of Extradition from Reservations," see 10 Nat. Resources J. 626 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 1 et seq.
Right to delay of one arrested on extradition warrant to enable him to present evidence that he is not subject to extradition, 11 A.L.R. 1410.
Meaning of word "similar" in statute as to evidence in extradition proceeding, 17 A.L.R. 102.
Right to try one for an offense other than that named in extradition proceedings, 21 A.L.R. 1405.
One charged with desertion or failure to support wife or child as fugitive from justice, subject to extradition, 32 A.L.R. 1167, 54 A.L.R. 281.
Right to prove alibi or absence from demanding state, 51 A.L.R. 797, 61 A.L.R. 715.
Extradition of juveniles, 73 A.L.R.3d 700.
Application of doctrine of specialty to federal criminal prosecution of accused extradited from foreign country, 112 A.L.R. Fed. 473.
Test of "dual criminality" where extradition to or from foreign nation is sought, 132 A.L.R. Fed. 525.
35 C.J.S. Extradition § 2 et seq.
Structure New Mexico Statutes
Chapter 31 - Criminal Procedure
Section 31-4-2 - Fugitives from justice; duty of governor.
Section 31-4-3 - Form of demand.
Section 31-4-4 - Governor may investigate case.
Section 31-4-7 - Issue of governor's warrant of arrest; its recitals.
Section 31-4-8 - Manner and place of execution.
Section 31-4-9 - Authority of arresting officer.
Section 31-4-10 - Rights of accused person; application for writ of habeas corpus.
Section 31-4-11 - Penalty for noncompliance with preceding section.
Section 31-4-12 - Confinement in jail when necessary.
Section 31-4-13 - Arrest prior to requisition.
Section 31-4-14 - Arrest without a warrant.
Section 31-4-15 - Commitment to await requisition; bail.
Section 31-4-16 - Bail; in what cases; conditions of bond.
Section 31-4-17 - Extension of time of commitment, adjournment.
Section 31-4-18 - Forfeiture of bail.
Section 31-4-19 - Persons under criminal prosecution in this state at time of requisition.
Section 31-4-20 - Guilt or innocence of accused, when inquired into.
Section 31-4-21 - Governor may recall warrant or issue alias.
Section 31-4-22 - Written waiver of extradition proceedings.
Section 31-4-23 - Nonwaiver by this state.
Section 31-4-24 - Fugitives from this state; duty of governors.
Section 31-4-25 - Application for issuance of requisition; by whom made; contents.
Section 31-4-26 - Costs and expenses.
Section 31-4-27 - Immunity from service of process in certain civil actions.
Section 31-4-29 - Interpretation.